Calcutta High Court (Appellete Side)
Basirhat Mahabodhi College Of ... vs The State Of West Bengal & Ors on 24 April, 2019
Author: Samapti Chatterjee
Bench: Samapti Chatterjee
1
24.4.2019
UL1
AKD
W.P. 8999(W) of 2019
Basirhat Mahabodhi College of Education & Ors.
-vs-
The State of West Bengal & Ors.
Mr. Subir Sanyal,
Mr. Ratul Biswas,
Mr. Koushik Choudhury,
Mr. K. Banerjee
... for the Petitioners
Mr. Tapan Mukherjee,
Mr. Sougata Mitra
... for the State
Mr. Souvik Nandy
... for the NCTE
Mr. Amitava Choudhuri,
Mr. N. Roy,
Mr. Moniruzzaman
... for the Respondent Nos. 2 and 3
The affidavit of service filed by the learned Advocate for the petitioners in Court today be kept on record.
Considering the urgency leave was granted to the petitioners to file the writ petition upon notice of Mr. Nandy, learned Advocate, who usually appears on behalf of the NCTE and the matter would be taken up at 3 p.m. Accordingly, the matter is taken up at 3 p.m. The petitioner-Institution has filed the present writ petition assailing the impugned order dated 12th April, 2019 issued by the Regional Director, Eastern Regional Committee, National Council for Teacher Education thereby withdrawing the recognition of the petitioner-Institution on the following grounds : (ii) and (iii) of Paragraph 3 of the impugned order dated 12th April, 2019 are quoted below :
(ii) Validity of photocopy of FDRs Rs. 5 Lakh and Rs. 3 Lakh in joint mode expired on 17.10.2016 but not renewed.
(iii) Fire safety certificate issued from the competent Govt. Authority not submitted.2
Mr. Sanyal, learned Advocate appearing for the petitioner-Institution, submits that the recognition was granted to the said petitioner-Institution in the year 2012 by NCTE after fulfilling all the criteria by the petitioner-Institution. Unfortunately that recognition has been withdrawn for the Academic Session 2019-2020 on the above mentioned grounds. Mr. Sanyal further contends that in the 1st ground, the validity of photocopy FDRs Rs. 5 Lakh and Rs. 3 Lakh expired on 17th October, 2016 but not renewed, cannot be accepted because both two FDRs were lying with the NCTE right from giving recognition and the date of maturity of both the FDRs is on 17th October, 2021. But the NCTE only with the letter of withdrawal of the recognition dated 12th April, 2019 forwarded those two FDRs for renewal which is evident that both the FDRs were lying with the NCTE. The 2nd ground of withdrawal is that the fire safety certificate issued by the competent Govt. Authority was not submitted.
On that issue, Mr. Sanyal submits that already the petitioner-Institution has applied through online for renewal for the fire safety certificate before the appropriate authority. In support of his contention, Mr. Sanyal draws the Court's attention at page 57 of the writ petition, wherefrom it reveals that the petitioners have already applied for renewal of the fire safety certificate before the appropriate authority. Mr. Sanyal further contends that as per Notification for affiliation of B.Ed. College (New and Renewal) for the Session 2019-2020, the application for affiliation has already been commenced from 23rd April, 2019. Last date of submission of Data for online affiliation is fixed on 29th April, 2019 and for the submission of application fees, the date is fixed on 20th April, 2019. Therefore, unless the petitioner-Institution is allowed to make an application for affiliation, last date of which is 29th April, 2019, the petitioner-Institution could not take admission of the students for the B.Ed. Colleges (New and Renewal) for the Session 2019-2020. Therefore, Mr. Sanyal submits that Court should allow the petitioner-Institution to apply for affiliation for the Session 2019-2020 pursuant to the Notification dated 17th April, 2019 after quashing the impugned order dated 12th April, 2019.
Per contra, Mr. Nandy, learned Advocate appearing for the NCTE, submits that Court cannot ignore the grounds for withdrawal of recognition. Mr. Nandy further emphasises that the fire safety certificate issued by the competent Government Authority has not been submitted by the petitioner-Institution. Therefore, the petitioner-Institution cannot run the Institution without renewal of the fire safety certificate to prevent fire hazards at the said Institution. Mr. Nandy also 3 submits that there is alternative provision for statutory appeal without exhausting that provision the petitioner-Institution has directly approached this Hon'ble Court by filing the present writ petition.
Considering the submissions as advanced by the learned Advocates for the parties and after perusing the records as well as the original FDRs certificates, I find that the due date of maturity of both the original FDRs certificates the Bank is 17th October, 2021. I also cannot ignore the fact that only on 12th April, 2019 with the impugned order of withdrawal of recognition the NCTE forwarded those two FDRs to the petitioner-Institution. Though repeatedly the petitioner-Institution made representation for returning of those FDRs since the nature of FDRs is auto renewal. I find substance to the submission of Mr. Sanyal that already the Institution has made online application for renewal of the fire safety certificate. Unfortunately, ignoring all these issues, the NCTE has withdrawn the registration of the petitioner-Institution which, in my opinion, is unfair, unjust and unwarranted considering the plight of the students who would get admission to the B.Ed. Course for the Session 2019-2020.
Considering the plight of the students and also considering the submission of Mr. Sanyal, in my considered view, the petitioner-Institution has been able to make a prima facie case to stay the operation of the impugned order dated 12th April, 2019 for a limited period.
Accordingly, after being prima facie satisfied, I restrain the NCTE from giving any effect and/or further effect to the impugned letter dated 12th April, 2019 till 21st June, 2019. The petitioner-Institution is at liberty to apply for affiliation of B.Ed. Course (New and Renewal) for the Session 2019-2020. If the petitioner-Institution applies for affiliation, the respondent no. 3 is directed to accept the same upon compliance of all formalities.
Let affidavit-in-opposition be filed within three weeks and reply thereto, if any, be filed within one week thereafter.
Let this matter appear in the list on 14th June, 2019.
Let a plain photostat copy of this order, duly counter-signed by the Assistant Registrar (Court), be handed over to the learned Advocates for the parties on usual undertakings.
( Samapti Chatterjee, J.) 4